Discrimination

Where a claimant contends that a system in which pay is based on length of service constitutes a breach of the Equal Pay Act 1970, the tribunal has to ask itself whether or not the worker has raised “serious doubts” as to whether the length of service criterion is justified. There is a presumption that length of service is to be equated with experience (which is likely to result in improved job performance).

The tribunal has to be satisfied that in the light of the evidence adduced by the claimant there is real reason to suspect that the employer has stepped beyond the margins which can properly be afforded to employers when considering whether added experience typically improves job performance.